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In breaking news, the U.S. Supreme Court has agreed to hear SAF’s case challenging the ATF’s Frame and Receiver Final Rule. The case is known as Garland v. Vanderstok.
In April 2022, the ATF published its Final Rule changing the regulatory definition of the term “firearm” to encompass objects which are not firearms, to include some firearms parts kits. This Rule impermissibly expands Congress’ definition of “firearm” as found in the Gun Control Act of 1968.
In December 2022, SAF filed an intervenor’s complaint in an existing lawsuit in the Northern District of Texas. Since then, the Fifth Circuit Court has ruled in SAF’s favor striking down the Final Rule, but President Biden – through the ATF – has dug in his heels and continues to enforce the law while the appeal to the Supreme Court is ongoing.
In short, the President, through the ATF, is trying to do indirectly what the Constitution and Congress won’t allow him to do - make law. The ATF’s definition of “firearm” in the Final Rule amounts to a near ban on private gunmaking – a constitutionally protected tradition.
In a press release distributed to the media, SAF’s Executive Director Adam Kraut said the “ATF has continuously exceeded its constitutional authority and violated the separation of powers by creating law – a job reserved exclusively for Congress. It is time for the Supreme Court to remind ATF that it may not do so and affirm the judgment of the Fifth Circuit.”
The outcome of the case will have a ripple effect across the industry. Should SCOTUS rule in favor of the plaintiffs, manufacturers and retailers will once again be able to legally sell unfinished frames and receivers, as well as parts kits, to customers who want to continue to build their own firearms for personal use.
Should you have any questions or need more information, please don’t hesitate to get in touch with SAF Senior Vice President/Vice President of Development Lauren Hill at lhill@saf.org. If you would like more detailed information on this case, or any of the more than 55 active cases in which SAF is involved, visit saf.org where all current cases are listed under the Legal Action section.
Second Amendment Foundation
Since its inception in 1974, SAF has been involved in more than 260 legal cases across the nation and has litigated – and won – cases at the highest levels of the American judicial system. The organization now has 59 active cases across the U.S., all with the goal of protecting our right as Americans to keep and bear arms.